The Virginia Court of Appeals vacated a criminal restitution order, finding the trial court erred in combining two vague insurance benefits when considering the amount owed to a landlord whose rental property was set ablaze.

Kenny James Slusser appealed the restitution order that directed him to pay $41,634.60 to the victim, Jonathan Hetherington, whose rental house was destroyed by fire. According to a real-estate tax assessment, the total assessed value was $89,500, with $26,900 for the 3.2-acre parcel of land and $62,600 for the “building and improvements value,” the opinion said.

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